California 2017-2018 Regular Session Status: To Executive

SB 491 — Civil rights: discrimination: enforcement.

Last action — Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Department of Fair Employment and Housing (department) . Existing law specifies that while it is the intent of the Legislature that the California Fair Employment and Housing Act occupy the field of regulation of discrimination in employment and housing, nothing in the act shall be construed to limit or restrict the application of the Unruh Civil Rights Act. This bill would provide that a local government entity is permitted under the California Fair Employment and Housing Act to refer a person alleging discrimination to the department and to provide the person with relevant information and resources, as appropriate. The bill would require the department, by April 1, 2018, to establish an advisory group, as specified, to determine the feasibility of authorizing local government entities to also enforce antidiscrimination statutes. The bill would require the advisory group, if it determines that such enforcement is feasible, to develop an implementation plan and draft proposed legislation for presentation to the Legislature by December 31, 2018. The bill would provide legislative findings and declarations in support of these provisions.

Bill Text

Action History

  1. Last day to consider Governor’s veto pursuant to Joint Rule 58.5.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 4 p.m.

  5. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2860.) Ordered to engrossing and enrolling.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 72. Noes 0. Page 3044.) Ordered to the Senate.

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 13. Noes 0.) (September 1).

  10. August 23 set for first hearing. Placed on APPR. suspense file.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 11).

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  14. Referred to Com. on JUD.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 37. Noes 0. Page 1224.) Ordered to the Assembly.

  17. Read second time. Ordered to consent calendar.

  18. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  19. Set for hearing May 22.

  20. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 1021.) (May 9). Re-referred to Com. on APPR.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  22. Set for hearing May 9.

  23. Re-referred to Com. on JUD.

  24. Re-referred to Com. on RLS.

  25. Withdrawn from committee.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & I.R.

  27. March 22 set for first hearing canceled at the request of author.

  28. Set for hearing March 22.

  29. Referred to Com. on L. & I.R.

  30. From printer. May be acted upon on or after March 19.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Beall · Cosponsor
  • Bradford · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Bradford

Co-sponsors (1)

  • Beall

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB491 Bradford et al. Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 35000
Democratic 5000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hueso — Yea
Skinner — Yea
Cannella — Yea
Roth — Yea
Atkins — Yea
Dodd — Yea
Hernandez — Yea
Portantino — Yea
Hertzberg — Yea
De León — Yea
Hill — Yea
Mitchell — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Newman — Yea
Nielsen — Yea
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Allen — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 491 Bradford Senate Third Reading By THURMOND

Passed 72 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 15000
Unaffiliated 53005
Republican 4002
Total 72007
% of votes cast 91%0%0%9%
How each member voted (79)
Member Party Vote
Bloom — Yea
Brough — Not Voting
Jones-Sawyer — Yea
Levine — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Chávez — Yea
Mayes — Yea
Medina — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Santiago — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Gray — Yea
Bocanegra — Yea
Harper — Not Voting
Holden — Yea
Rubio — Yea
Kiley — Yea
Low — Yea
Maienschein — Yea
McCarty — Yea
Chiu — Yea
Melendez — Not Voting
Nazarian — Yea
Acosta — Yea
Baker — Yea
Bigelow — Not Voting
Chu — Yea
Cooley — Yea
Cooper — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Cunningham — Yea
Dababneh — Yea
Daly — Yea
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10003
Democratic 3000
Republican 0001
Total 13004
% of votes cast 76%0%0%24%
How each member voted (17)
Member Party Vote
Bigelow — Not Voting
Bloom — Yea
Brough — Not Voting
Obernolte — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Not Voting
Friedman — Yea
Jones-Sawyer — Yea
Chau — Yea
Eggman — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Consent Calendar 2nd SB491

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Hill — Yea
Lara — Not Voting
Monning — Yea
Newman — Yea
Pan — Yea
Dodd — Yea
Cannella — Yea
Bates — Yea
Beall — Yea
Galgiani — Yea
Atkins — Yea
Mitchell — Yea
Allen — Yea
De León — Yea
Hernandez — Yea
Portantino — Yea
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Not Voting
Nielsen — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does SB 491 do?
The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Department of Fair Employment and Housing (department) . Existing law specifies that while it is the intent of the Legislature that the California Fair Employment and Housing Act occupy the field of regulation of discrimination in employment and housing, nothing in the act shall be construed to limit or restrict the application of the Unruh Civil Rights Act. This bill would provide that a local government entity is permitted under the California Fair Employment and Housing Act to refer a person alleging discrimination to the department and to provide the person with relevant information and resources, as appropriate. The bill would require the department, by April 1, 2018, to establish an advisory group, as specified, to determine the feasibility of authorizing local government entities to also enforce antidiscrimination statutes. The bill would require the advisory group, if it determines that such enforcement is feasible, to develop an implementation plan and draft proposed legislation for presentation to the Legislature by December 31, 2018. The bill would provide legislative findings and declarations in support of these provisions.
Who sponsors SB 491?
SB 491 is sponsored by Beall and Bradford.
What is the current status of SB 491?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 491?
Track SB 491 free on One Click Politics — get push/email alerts when it moves.

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